J.L. v. New York City Department of Education et al

Filing 184

ORDER granting 183 Letter Motion for Extension of Time to File. APPLICATION GRANTED. Given the extension of deadlines for the pending motion to compel, the case management conference scheduled for October 14, 2021 at 12:00 p.m. is hereby resche duled to a telephonic conference on Tuesday, October 26, 2021 at 3:00 p.m. The parties are directed to call into Judge Parker's AT&T line for the call. Please dial [phone], access code: 4858267. (Signed by Magistrate Judge Katharine H. Parker on 10/8/2021) (vfr)

10/08/2021

T HE CITY OF NEW YORK

GEORGIA M. PESTANA
Corporation Counsel

LAW DEPARTMENT
100 CHURCH STREET
NEW YORK, NY 10007

PHILIP S. FRANK
Phone: [phone]
Fax: [phone]
[e-mail]
(not for service)

October 7, 2021
BY ECF
Honorable Katharine H. Parker
United States District Court
Southern District of New York
500 Pearl Street
New York, New York 10007
Re: J.L., et al. v. NYC Dep’t of Education, et ano.,
No. 17-CV-7150 (WHP) (KHP)
Your Honor:
I am the Assistant Corporation Counsel in the Office of the Corporation Counsel of
the City of New York assigned to represent Defendants New York City Department of Education
(DOE) and Chancellor Meisha Porter in the above-referenced matter, in which Plaintiffs allege
that their rights were violated due to alleged systemic delays in providing their children
coordinated nursing, transportation, and porter services.
I write to respectfully request: (1) an extension of time, nunc pro tunc, from October
4, 2021 until October 14, 2021, for Defendants to file their opposition letter to Plaintiff’s letter
dated September 9, 2021 (Dkt. No. 179), wherein Plaintiffs seek to compel the production of a
sample of documents withheld by Defendants under various privileges; and (2) a corresponding
extension of time, from October 8, 2021 until October 19, 2021 for Plaintiffs to file their reply
letter. I apologize to the Court for the lateness of this request. Counsel for Plaintiffs do not take
a position as to Defendant’s request and seek to proceed with the Case Management Conference
scheduled for October 14, 2021 at 12:00 p.m. Defendants consent to Plaintiffs’ corresponding
request for an extension.
The reason for the requested enlargement is that I was out sick for the better part of
two days this week, on October 4 and October 5, 2021. Pursuant to the Court’s Order dated August
20, 2021 (Dkt. No. 177), early this morning, Defendants produced to the Court for in camera

review the documents at issue in Plaintiffs’ motion to compel. I had also intended to
contemporaneously file Defendants’ substantive opposition letter. But, unfortunately, I
inadvertently saved over my finalized draft of the letter and lost all of my work. My office’s IT
Department is currently endeavoring to retrieve a prior version of the file so that I do not have to
redraft the opposition letter from scratch. The enlargement of time, therefore, will enable me to
retrieve the file, and, if not, to redraft the letter.
Accordingly, Defendants respectfully request an extension of time, until October
14, 2021, to file their opposition letter to Plaintiffs’ motion to compel, and a corresponding
extension of time, until October 19, 2021, for Plaintiffs to file their reply letter.
I thank the Court for its consideration of the within.
Respectfully submitted,
s/
Philip S. Frank
Assistant Corporation Counsel
cc:

All counsel (via ECF)
Given the extension of deadlines for the pending motion to compel,
the case management conference scheduled for October 14, 2021
at 12:00 p.m. is hereby rescheduled to a telephonic conference on
Tuesday, October 26, 2021 at 3:00 p.m. The parties are directed
to call into Judge Parker's AT&T line for the call. Please dial
[phone], access code: 4858267.

10/8/2021

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